Patna High Court
Subodh SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Subodh Sah, a truck driver, was arrested in connection with the seizure of 2,894.4 liters of illicit foreign liquor from his vehicle, alleged to be offences under sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that nothing was recovered from his personal possession, and that he had no prior criminal record, having been in judicial custody since 16‑02‑2026. The State opposed his regular bail, arguing the seriousness of the offence. The court noted procedural irregularities, specifically the failure to comply with Section 105 of the BNSS while preparing the seizure list, and considered the petitioner’s claim of innocence and lack of antecedents. Consequently, the court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Judge Excise‑I, Bhagalpur.
Issues considered
- Whether the driver of a truck from which illicit liquor was seized is entitled to regular bail under sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
Legislation cited
- BNSS — s. 105
Subjects
- regular bail
- excise offence
- illicit liquor
- driver liability
- procedural lapse
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23067 of 2026
Arising Out of PS. Case No.-282 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Subodh Sah Son of Late Rajdeo Prasad Gupta R/o- Dharamgatpur Budha
Ward No. 10, P.S.- Pusa, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a) and 47
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck,
altogether 2894.400 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that the petitioner is merely a driver of the said
truck and he was unaware of the alleged consignment of liquor.
The witnesses of the seizure list are police personnel and police
Patna High Court CR. MISC. No.23067 of 2026(2) dt.08-04-2026
2/2
has not complied Section 105 of BNSS while preparing seizure
list. A statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 16.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Excise Sadar P.S. Case No. 282 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge Excise-I, Bhagalpur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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